In re the Claim of Davis
Opinion of the Court
Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed February 1, 2007, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct, and (2) from a decision of said Board, filed February 18, 2009, which, upon reconsideration, adhered to its prior decision.
Claimant worked as a school district secretary for approximately 2V2 years. Claimant was found guilty of numerous charges of incompetence and insubordination following a disciplinary hearing held pursuant to Civil Service Law § 75. She was terminated from her position as a result. The Unemployment Insurance Appeal Board subsequently disqualified claimant from receiving unemployment insurance benefits on the ground that she was terminated due to misconduct. The Board adhered to this decision upon reconsideration and claimant appeals from both decisions.
We affirm. Initially, given that claimant had a full and fair opportunity to litigate the numerous charges of misconduct at the hearing held pursuant to Civil Service Law § 75, the Board
Claimant’s remaining contentions have been reviewed and found to be unpersuasive.
Cardona, EJ., Peters, Rose, Kane and Kavanagh, JJ., concur. Ordered that the decisions are affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.